Kailash Vanathi Srinivasan, O.P Jindal Global University
Introduction:
Emergency arbitration can be defined as a streamlined process that enables parties to seek interim relief before the composition of a full arbitral panel1. This system has garnered reputation all around the world for its capacity to deliver prompt, efficient, and adaptable solutions to issues arising out of international business conflicts. India, which is becoming an increasingly important centre for arbitration, has seen an upsurge in the demand for emergency arbitration2. The history of emergency arbitration can be traced to “International Chamber of Commerce’s Pre-Arbitral Referee Procedure Rules” were introduced in 19903. The aforementioned regulations established a distinct protocol for acquiring interim relief from an appointed arbitrator who is tasked exclusively with granting urgent remedies before the establishment of the arbitral tribunal. Whilst the concept of awarding interim relief is recognised by Articles 7 and 19 of the UNICITRAL Model Law4 it is noteworthy that the UNICTRAL Rules do not incorporate provisions for emergency arbitration.
In India, the Law Commission5 recommended amending Article 2(1)(d) of the Indian “Arbitration and Conciliation Act, 1996” (hereinafter, referred to as “A & C Act”) 6to incorporate an emergency arbitrator within the definition of an arbitral tribunal. Additionally, the 2017 Srikrishna Report7, developed by a High-Level Committee, proposed amending the 'arbitral award' definition to encompass emergency awards. The report also highlighted the prevailing lack of confidence in the enforceability of emergency arbitration decisions in India. Despite numerous appeals from the Indian legal community to integrate emergency arbitration into the statutory arbitration law, it was not incorporated in the 2015 Amendment Act8. Consequently, a legal gap persists within India's arbitration framework with respect to emergency arbitration.
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